Grand Jury: Montgomery firefighter's death a 'justifiable homicide'

ELMORE CO., AL (WSFA) -

An Elmore County Grand Jury decided not to take action against an Elmore County Sheriff's Deputy relating to the March 2013 death of off-duty Montgomery Firefighter Jeremy Acre. The grand jury's decision means the panel determined Acre's death was a "justifiable homicide."

Acre, 34 of Holtville, was shot in the upper torso and killed by an Elmore County Sheriff's Deputy on March 19.

Elmore County Sheriff Bill Franklin told WSFA 12 News that two deputies were dispatched to Acre's home on Hogan Road late that evening.

Deputies say when they approached the door of the home, they heard the sound of a gun being loaded. When deputies knocked on the door, Acre answered. Franklin says deputies told him Acre was clearly agitated - Acre was told multiple times to drop the handgun he was holding.

One of the deputies deployed his Taser, Acre stayed on the ground until he was able to remove one of the probes from his body. Deputies say Acre then stood back up and threatened them with his gun - that's when an unnamed deputy fired the single shot that killed Acre.

Deputies went to Acre's home after a call about a domestic disturbance. Acre's wife and two children were home at the time of the shooting - Sheriff Franklin added that they did not witness the incident.